Challenging the Traffic Stop
One of the most effective ways to fight a DUI charge is by challenging the traffic stop itself. The police officer must have reasonable suspicion to pull you over. If the officer didn’t have a valid reason for the stop, any evidence gathered afterward, including the breath test or field sobriety tests, may be inadmissible in court.
For example, if the officer pulled you over based on an illegal or vague reason, like simply driving late at night, it could be a violation of your rights. If there was no reasonable suspicion or probable cause for the stop, your DUI defense attorney can argue that the entire process was unlawful. If the court agrees, the DUI charge may be dismissed.
Challenging the traffic stop is a vital part of your defense strategy, and having a skilled defense attorney can help ensure this potential weakness in the case is explored.
Breathalyzer & Blood Test Errors
Breath test results can sometimes be inaccurate, which can make a DUI charge difficult to defend. Errors with the breathalyzer machine or improper testing procedures can lead to misleading results.
For instance, if the machine was not calibrated correctly or if the police officer didn’t follow the proper protocol, the test could show a higher blood alcohol level than it should. Similarly, blood test results can be affected by contamination, improper storage, or delays in processing.
Your DUI defense attorney will review these issues to determine if the breathalyzer or blood test was flawed. If any errors are found, it could lead to the evidence being thrown out, weakening the prosecution’s case. By challenging these test results, your attorney can work to reduce the strength of the DUI charge or even get the charges dropped.
Field Sobriety Test (FST) Issues
Field sobriety tests (FSTs) are commonly used by police officers to assess whether a driver is impaired. However, these tests are not always reliable. Factors like medical conditions, physical disabilities, or poor weather conditions can affect your ability to perform the tests accurately. The police officer may not have administered the tests properly, or they may have ignored factors that could influence your performance.
For example, the walk-and-turn test can be difficult for anyone with balance issues, even if they are sober. If your attorney can show that the field sobriety tests were unfair or improperly conducted, this can weaken the prosecution’s case. In addition, FSTs are often subjective, with the officer’s interpretation playing a major role.
A good DUI defense attorney can challenge the results, argue that the tests were flawed, or show that you were not impaired at the time.
Rising Blood Alcohol Defense
The rising blood alcohol defense is used when your blood alcohol level rises after you were initially arrested. This can happen if you consumed alcohol after the DUI arrest but before the blood test or breath test.
In these cases, your BAC at the time you were driving might have been below the legal limit, but it increased afterward. For example, if the breath test was conducted an hour after your arrest, your BAC might have been higher due to alcohol continuing to absorb into your bloodstream.
A DUI defense attorney can use this defense by arguing that your BAC was under the legal limit when you were driving, even if the test results show a higher level. If successful, this defense can reduce or eliminate the DUI charge.
Lack of Evidence of Impairment
A strong defense in a DUI case can be based on the argument that there is a lack of evidence of impairment. Even if you were arrested for driving under the influence, there may be no clear signs that you were actually impaired.
For example, if you didn’t show any signs of drunk driving, such as swerving or erratic driving, this could undermine the case against you. Police officers are trained to look for certain behaviors, but they may not always be accurate in assessing impairment.
If the officer did not witness obvious signs of impairment or if the evidence doesn’t show that you were impaired while driving, your attorney can argue that there’s not enough proof to support the DUI charge. Witness statements or video footage can also help demonstrate that you were not impaired when you were driving, potentially leading to a dismissal of the case.
Steps to Take to Fight a DUI Charge
- Contact an experienced DUI attorney: The first step is to hire an experienced DUI lawyer who specializes in DUI defense. They will review your case and advise you on the best defense strategy.
- Request a hearing: After your DUI arrest, request a hearing with the Department of Motor Vehicles (DMV) to contest any license suspension. This step is essential for protecting your driving privileges.
- Review the arrest process: Your attorney will examine the entire DUI investigation, including whether the police officer had reasonable suspicion to stop you and if the arrest was lawful.
- Challenge the evidence: A DUI defense attorney will challenge key pieces of evidence, such as breath tests, blood tests, and field sobriety tests, looking for errors in how the tests were conducted or how the evidence was handled.
- Consider plea options: If fighting the charge isn’t an option, your attorney will negotiate a plea deal to reduce the charge or penalties, such as a lesser charge like reckless driving.
- Prepare for trial: If the case goes to trial, your attorney will present your defense and challenge the prosecution’s case. They’ll work to create reasonable doubt and secure the best outcome possible.
Can a DUI Be Reduced or Dismissed?
Yes, a DUI charge can sometimes be reduced or dismissed. If the evidence against you is weak or the arrest was not properly conducted, your attorney may be able to get the charges dropped. In other cases, a plea deal might reduce the charge to a lesser offense with fewer penalties.
Plea Bargaining for Lesser Charges
One option to handle a DUI charge is through plea bargaining. This involves negotiating with the district attorney to reduce the charge to a lesser offense, such as reckless driving or wet reckless. If your attorney can present strong arguments showing weaknesses in the prosecution’s case, such as errors with field sobriety tests or breath test issues, they may be able to secure a favorable deal.
Plea bargaining can also result in less severe penalties, such as a shorter license suspension or lower fines. While a DUI conviction carries serious consequences, reducing it to a lesser charge can help minimize the effects on your future.
A competent DUI defense attorney can guide you through this process, ensuring you get the best possible outcome based on your specific circumstances.
Dismissal Due to Lack of Evidence
A DUI charge can be dismissed if there is a lack of evidence to support the claim of impairment. If the police officer didn’t have reasonable suspicion to pull you over or didn’t follow proper procedures, the evidence gathered could be challenged.
In addition, if there is no clear proof of driving under the influence, such as faulty breath test results or inaccurate field sobriety tests, the case may be dismissed. A reliable DUI defense attorney will carefully review the entire DUI investigation and highlight any gaps or weaknesses in the evidence. If the prosecution cannot prove beyond a reasonable doubt that you were impaired while driving, they may be forced to drop the charges.
In these cases, a DUI dismissal is possible, sparing you from the consequences of a DUI conviction. This highlights the importance of having a strong legal defense to protect your rights.
If you’ve been arrested for a DUI charge, understand how you can fight it. Summit Defense Criminal Lawyers helps clients defend against drunk driving charges. We guide you through the legal process and help you find the best defense strategies.
There are several defenses that can be used to fight a DUI charge. Your attorney will carefully examine the evidence, including how the police officer conducted the arrest and whether the tests were done properly.
If you’re facing a DUI charge, it’s essential to have an experienced DUI lawyer on your side to help you fight DUI charges. 